Tuesday, May 13, 2008

Mel Gibson has been sued for fraud and unjust enrichment by Benedict Fitzgerald, one of the screenwriters for Gibson's "Passion of the Christ." Fitzgerald claimed that Gibson misrepresented facts regarding the film's budget and Gibson's financial take, leading him to believe the film had a $4-7 million budget and Gibson would take no percentage of profits. Fitzgerald was paid as a writing a fee of $75,000, while Gibson took home a $5 million salary for directing, as well as his producer's share of profits derived from the $600 million of the film's worldwide receipts.

Fitzgerald alleges that Gibson had the express purpose of depriving him of the full fruits of his efforts as the screenwriter, and that Fitzgerald experienced severe cash-flow problems due to his devotion to the project. Law Banning Violent Videogames Held UnconstitutionalThe state of Minnesota is fighting an 8th Circuit decision regarding violent video games. In March, The 8th Circuit Court of Appeals affirmed an injunction against enforcement of a 2006 state law banning minors from buying violent video games (rated "M for Mature" or "AO for Adults Only.) Residents under age 17 faced $25 fines if caught buying or renting games with the mature ratings. The court found that violent video games are protected free speech under the First Amendment and the burden of proof required "incontrovertible proof of a causal relationship between the exposure to such violence and subsequent psychological dysfunction" to overcome the burden and uphold the state law.

The state has now petitioned the Court of Appeals for a rehearing en banc (by all of the judges rather than the customary 3 judge panel) to reconsider its previous ruling, as well as question the "incontrovertible proof" standard set forth by the court, which would create an "unprecedented and unreasonably high evidentiary standard" regarding the well-being of children. The state argues that the "grossly repugnant" video games are not worthy of First Amendment protection because they do not communicate or express ideas or information.

Screenwriters need to protect themselves from the people they write about and producers they contract with. They also need to take care when collaborating with others.

This seminar explains how writers can avoid legal problems by properly securing rights, obtaining releases and not infringing the rights of others. Related topics include registering your work, submission releases, and annotating and clearing your script.

Topics include:

When you need to purchase the rights to a person's life storyWhat is in the public domainDefenses to defamation and invasion of privacyTitle and Copyright searchesReserving rightsReversion and Turnaround clausesWatering down warrantiesE & O insuranceStory theftShoppingTypical compensation and terms of studio contractsDefenses and privileges to defamation and invasion of privacyHow to preserve the integrity of your screenplay and avoid costly lawsuits

The fifth annual Great American PitchFest will take place on June 20-22, 2008 at the Burbank Marriott Hotel & Convention Center, 2500 N. Hollywood Way, Burbank, CA 91505.

Mark will present his annual legal defense seminar the weekend of July 12, 2008.

Filmmakers learn how to make shrewd business decisions and protect their interests in negotiations with production and distribution companies. Instruction covers how to anticipate problems before they arise and how to encourage other parties to live up to their contractual obligations through performance incentives, default penalties, and arbitration.

In the event of a dispute, learn what remedies are available to enforce your rights. Topics include creative accounting; customary terms of contracts; negotiating tactics and strategies; properly securing rights to your work; and how to avoid being sued for copyright infringement, defamation, or invasion of privacy. Attention is paid to how to protect oneself by modifying warranties, obtaining E&O coverage, using lab access letters to retain control of masters, and utilizing termination clauses.

The seminar includes an extensive handout with sample forms, contracts and a self-defense checklist.

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About Me

A veteran entertainment lawyer, arbitrator, expert witness and author, Mark Litwak has provided legal services or acted as a producer rep on more than 100 feature films. He is the author of 6 books including: Reel Power, Dealmaking in the Film and Television Industry (winner of the 1995 Kraszna-Krausz Book Award), Contracts for the Film and Television Industry, and Risky Business: Financing and Distributing Independent Film. He is also the author of the popular CD-ROM Movie Magic Contracts.
As a law professor, he currently teaches at the U.S.C. School of Law, and has previously taught at the Univ. of Puget Sound and Loyola Law Schools. He has been on the faculty at UCLA for 24 years. He has lectured for the American, California and Texas bar associations. A frequent speaker, he has lectured at many universities including Harvard, the American Film Institute, Columbia University and NYU. He has also presented movie industry seminars in England, Australia, South Africa and Canada.
Mark Litwak is AV®
Peer Review Rated by Martindale-Hubble and has been named a Superlawyer multiple times by the publishers of Law and Politics Magazine.